Morris v. Wheat
District of Columbia Court of Appeals
Hearing on air appeal by the defendant from a judgment on verdict in an action of ejectment. The Court in its opinion stated the case as follows: This is an action of ejectment. It appears that George O. Dixon, about June 13, 1862, as of an estate in fee simple entered into possession of lots 21 and 22 in square 117, in Washington.
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Hearing on air appeal by the defendant from a judgment on verdict in an action of ejectment. The Court in its opinion stated the case as follows: This is an action of ejectment. It appears that George O. Dixon, about June 13, 1862, as of an estate in fee simple entered into possession of lots 21 and 22 in square 117, in Washington. He died in Alexandria, Virginia, unmarried and without issue, August 10, 1862, leaving as heirs at law his brother, John A. Dixon, and his sisters, Mrs. Emily Wheat and Mrs. Jane E. Baker. The first two lived in Alexandria; the last in Massachusetts. By his will,…
1Opinion of the Court
Mr. Justice McComas,
of the Supreme Court of the District of Columbia, who sat with the Court in the hearing of this cause in the place of Mr., Justice Morris, delivered the opinion of the Court:
The first assignment of error is the refusal of the learned court below to instruct the jury to bring in a verdict for the defendant, on the ground that George S. Parker, one of the plaintiffs, had no more right to prosecute this action than had John A. Dixon; that John A. Dixon's deed estopped him and the plaintiff,. George S. Parker, his as-signee ; and this being a joint action, since Parker, one…
2Cases cited3 opinions
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
- Stow v. WyseSupreme Court of Connecticut · 1828
- Marsteller and Others v. McCleanSupreme Court of the United States · 1812
3Cited by5 opinions
- Jamison v. GarrettCourt of Appeals for the D.C. Circuit · 1953
- Union Provision & Distributing Corp. v. FisherDistrict of Columbia Court of Appeals · 1946
- Jack Development, Inc. v. Howard Eales, Inc.District of Columbia Court of Appeals · 1978
- Zlotnick v. Jack I. Bender & Sons, Inc.District Court, District of Columbia · 1968
- Sloan v. Urban Title Services, LLCDistrict Court, District of Columbia · 2011